Section 23

Labour Relations

Every worker has the right to fair labour practices, regardless of gender, and may join a union and strike. Your employer cannot dismiss you for exercising...

Free Chapter 2 — Bill of Rights Constitution of South Africa, 1996

What Section 23 Says

(1) Everyone has the right to fair labour practices. (2) Every worker has the right— (a) to form and join a trade union; (b) to participate in the activities and programmes of a trade union; and (c) to strike. (3) Every employer has the right— (a) to form and join an employers' organisation; and (b) to participate in the activities and programmes of an employers' organisation. (4) Every trade union and every employers' organisation has the right— (a) to determine its own administration, programmes and activities; (b) to organise; and (c) to form and join a federation. (5) Every trade union, employers' organisation and employer has the right to engage in collective bargaining. National legislation may be enacted to regulate collective bargaining. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1). (6) National legislation may recognise union security arrangements contained in collective agreements. To the extent that the legislation may limit a right in this Chapter, the limitation must comply with section 36(1).

Plain-Language Explanation

Practical Significance
Every worker has the right to fair labour practices, regardless of gender, and may join a union and strike. Your employer cannot dismiss you for exercising these rights.

Frequently Asked Questions

What are fair labour practices?
The LRA and BCEA give content to "fair labour practices." At minimum: the right not to be unfairly dismissed, the right to fair wages, fair working conditions, and the right to join a union and strike. The CCMA enforces these rights for free.
Can I be dismissed for going on strike?
Not if the strike is protected under the LRA. A protected strike means the correct procedure was followed — notice given, dispute referred to the CCMA, conciliation failed. Dismissal for participating in a protected strike is automatically unfair.

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